Internal Self-determination and the Prevention of Secession in International Law

Dr iur. Sava Janković, is a Honorary Fellow at Durham Law School, University of Durham and was an Assistant Professor at the Institute of Law Studies, Polish Academy of Sciences (2021–2023).

• AcknowledgmentsList of Abbreviations1 Introduction1 Significance of the Topic2 Originality and the State of Art in Legal Scholarship3 Methodology4 Chapters Outline2 The Right of a People to Self-Determination1 The Meaning, Importance and Problems of the Right to Self-Determination2 History of the Right to Self-Determination2.1 Self-Determination before wwii2.2 United Nations Era3 Two Main Aspects of the Right to Self-Determination3.1 External Self-Determination3.2 Internal Self-Determination4 The Position of the Right to Self-Determination in International Law4.1 Erga Omnes Character4.2 Jus Cogens5 Content5.1 Entitlements Contained in External Self-Determination5.2 Entitlements Contained in Internal Self-Determination6 Addressees6.1 Rightsholders of External Self-Determination6.2 Rightsholders of Internal Self-Determination7 Self-Determination as Both a Collective and an Individual Right3 The Right to Secession in International Law1 Motives for Secession1.1 Economic Reasons for Secession1.2 Legal-Political Reasons for Secession1.3 Socio-Cultural Reasons for Secession2 Secession: Notions, Position in International Law, and Theoretical Perspectives2.1 Definitional Attempts2.2 Secession and the Right to Self-Determination2.3 Theories of Secession (Introductory Remarks)3 Threefold Understanding of the Relationship between International Law and Secession3.1 Secession as a Legally Irrelevant Fact: a Critical Analysis of the General Claim3.2 Secession is Prohibited: International and Domestic Practice3.3 Secession is Permitted (Remedial Theory and Moral Justifications)4 In Lieu of a Firm Conclusion: Reflections on Divided International Legal Perspectives on Secession in the 21st Century4 Internal Self-Determination as a Method of Preventing Secession in International Law: Theoretical Approach1 General Observations (Hypothesis)2 Various Meanings of Internal Self-Determination2.1 isd as a Free Will and Non-Intervention2.2 isd as Inclusiveness and Non-Discrimination2.3 isd as Self-Government and Territorial Autonomy2.4 isd as a Conglomerate of Human Rights3 Internal Self-Determination as a Secession Prevention Method3.1 Orthodox and Qualified Counter-Secession Visions of ISD4 Secession Prevention Tools of ISD4.1 Democratic Governance4.2 Federalism4.3 Autonomism5 Internal Self-Determination and other Legal Means of Secession Prevention5.1 Territorial Integrity5.2 Uti Possidetis Juris5.3 Non-Intervention, Non-Use of Force and Non-Domination5.4 Domestic Law6 Non-legal Methods of Secession Prevention6.1 Demobilization (Generally)6.2 Internal and External Engagement7 Challenges in Utilizing ISD as a Tool to Prevent Secession7.1 The Neutrality of Secession Paradigm in International Law7.2 Threshold for Disallowing Secession and Competent Authority7.3 The Universality of the Rule7.4 Applicability in Existing v. Aspiring States: Exploring Incommensurability7.5 In Contradiction with Liberal Democracy?8 The Added Value of Internal Self-Determination8.1 Stability of Borders and Conflict Avoidance8.2 Protection and Advancement of Human Rights9 Opinion of Commentators5 Internal Self-Determination as a Method Preventing Secession in International Law: State and Institutional Practice1 Prolegomenon2 State Practice2.1 Travaux Préparatoires: Friendly Relations Declaration2.2 Debates in the United Nations General Assembly Third Committee (Social, Humanitarian & Cultural Issues)2.3 Reports to the Human Rights Committee2.4 Submissions in the icj’s Kosovo Case2.5 The Liechtenstein Initiative on Self-Determination2.6 National Legislature2.7 Domestic Judicial Practice3 International Organizations Practice3.1 The United Nations3.2 Regional Organizations Approach4 Internal Self-Determination as Customary International Law?5 Towards the Definition of ISD’s Content: What Does a State Need to Do?6 Internal Self-Determination in European States1 Preface2 Internal Self-Determination in Federal European States2.1 Belgium (Flanders, Wallonia and Brussels)2.2 Germany (Bavaria)3 Internal Self-Determination in Unitary European States3.1 Finland3.2 Three Levels of Governance4 Internal Self-Determination in Former European States4.1 The Historical Case of Yugoslav Federalism and Its Implications Today7 ConclusionsIndex